New DNR Rules In Effect October 1
As of October 1, 2014, the DNR will require any well driller or pump installer conducting a well inspection to also automatically test the well water for nitrates, bacteria and arsenic. This will apply to well inspections conducted on or after the effective date of October 1, 2014. (Note – A well inspection is not required under the new DNR rules but, if an inspection is performed, the well water must be tested.)
This required testing may create issues for your transactions. If a well inspection is included, the water still must be tested for bacteria, nitrates and arsenic even if a well water testing contingency is not included in the offer. If the well water testing contingency does not include one or all three of the state required tests, the water must still be tested and your offer won’t address the steps to take if the results exceed safe levels. Lastly, the additional testing will likely increase the water testing fees, and may result in possible delays if it takes longer to test for the three required elements.
Currently, the DNR has not provided any specific information as to the changes on its website. We apologize for not providing you with this information until now, but the DNR just made public the final draft of the rule today, September 25, 2014. Therefore in the near future, the WRA will provide more information on these new requirements including drafting tips and further background information to assist you in explaining these changes to consumers.
If you have any questions, please contact Liesa Lehmann, Private Water Section Chief, Bureau of Drinking Water and Ground Water, Wisconsin Department of Natural Resources, at 608-267-7649.